December 4, 2019
Disciplinary Commissioner of the Judges of Common Courts Piotr Schab issued a communiqué in which he announced the initiation of disciplinary proceedings and the submission of 55 disciplinary charges by his deputy Przemysław Radzik. Below the link to the message.
ANNOUNCEMENT OF The Disciplinary Commissioner of the Judges of Common Courts regarding the initiation of disciplinary proceedings against Krystian M., judge of the Regional Court in Katowice
I would like to inform you that on December 3, 2019, the Deputy Disciplinary Commissioner of the Judges of Common Courts, judge Przemysław W. Radzik initiated disciplinary proceedings against Krystian M., a judge of the regional Court in Katowice and presented him with charges of committing 55 disciplinary offenses under Art. 107 § 1 of the Act of July 27, 2001 - Law on the system of common courts (Journal of Laws of 2019, item 52 as amended), consisting of the fact that on May 29, 2019, each time operating in different personal configurations, as the President of the Polish Judges Association "Iustitia", in public and addressed to personally appointed presidents of courts of law and judges of disciplinary courts at the courts of appeal, in letters dated as above, he presented a political manifesto in which he questioned the independence and legality of the constitutional authority of the State - the National Council for the Judiciary and undermined Disciplinary Chamber of the Supreme Court`s consistence with the Constitution and being apolitical, incited each of them to commit a disciplinary tort consisting in disregarding the legal order of the Republic of Poland by refraining from adjudicating and refraining from submitting appeals and disciplinary files of the Supreme Court`s Disciplinary Chamber, and then to suspend disciplinary proceedings "until the Court of Justice of the European Union clarifies the status of persons appointed to the office of judges of the Disciplinary Chamber", thereby violated the resulting from Art. 178 paragraph 3 of the Constitution, the principle of apoliticality of judges and resulting from art. 82 of the Act on the System of Common Courts, the obligation to act in accordance with the judge's oath, in particular the obligation to uphold the law, conscientious performance of the duties of a judge, as well as the obligation to guard in the judicial service and outside the service of the seriousness of the position of a judge, and not to appear even not to comply with legal order, This is behaviour that defies the dignity of the judge and undermines confidence in his independence and impartiality, and violates the principles of professional ethics, as defined in § 5. 2, § 10 and 16 of the resolution of the National Council of the Judiciary on the adoption of the Set of Professional Ethics Rules for Judges and Assessors.
In accordance with the principles of the set of professional ethics of judges referred to above: - the judge should always be guided by the principles of honesty, dignity, honour, sense of duty and respect the principles of decency, - the judge should take care of the dignity of his office, the good of the court in which he works, and for the good of the judiciary and the constitutional position of the judiciary, - a judge may not, by any means, create the appearance of disregarding legal order.
Simultaneously with the issuance of this decision, the Deputy Disciplinary Commissioner for the Judges of Common Courts asked the President of the Supreme Court, who manages the Disciplinary Chamber, to designate a disciplinary panel to hear the case of the first instance.
Immediately after that, the person conducting the disciplinary proceedings will consider submitting an petition to the disciplinary court for suspension of the accused judge in official duties with a reduction of his remuneration for the duration of this suspension (Article 129 § 1 of the Law on the System of Common Courts).
(-)Piotr Schab Regional Court Judge DISCIPLINARY COMMISSIONER OF JUDGES OF COMMON COURTS